Tribunals and CommissionsDivision Bench(2021) 11 TDSAT CK 0039

Sakthis Cable Network vs Srivi Communications

Telecom Disputes Settlement And Appellate Tribunal · Decided on 18 November 2021

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
Broadcasting Petition No. 501 Of 2021 With Misc Application 267, 446 Of 2021

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Judgment

6 paragraphs · 259 words

A reply / counter petition has been received in the Registry of this Tribunal on 24.8.2021 through registered post with AD. The counter petition / reply bears the signatures of one  Mr. A Karuppasamy  for M/s Srivi Communications (Respondent).

In the reply the stand is that the petitioner is relying upon an agreement which does not bear the signature of the respondent.  It is also pleaded that respondent business was started in December 2014 but due to loss of more than Rs. 22 lakhs it was forced to close down the entire business on 30.6.2021. Some other factual details have also been furnished which may require a reply.

There is an obvious shortcoming in the counter petition which has not  been filed by any Advocate  having power from the respondent nor Mr. A Karuppasamy has made any averment to the effect that he is an authorised representative and is entitled to represent the respondent.

In the aforesaid circumstances, let a copy of the counter petition be furnished to learned counsel for the petitioner at the earliest preferably within three days. Petitioner  will be at liberty to file its rejoinder or response to the same before the next date.

Let a fresh notice be issued to the respondent at the address in the petition and through email, whatsapp and speed post in addition.  Also issue notice by all the aforesaid means of MA Nos. 446 of 2021 and 267 of 2021.  Petitioner should file an affidavit of service within three weeks.

Post the matter under the same head on 7.1.2022.